New transfer regulations

The Transfers of Undertakings (Protection of Employment) Regulations 1981 transposed the Acquired Rights Directive into UK law. The Regulations have been amended four times and have been the subject of much litigation. As a result of amendments to the Directive they are to be amended yet again. The latest changes attempt to introduce certainty of application and widen their impact. The Government's stated aim in reforming the Regulations is to ensure that they operate as effectively as possible for all those whose interests depend upon them. This article considers the proposed changes in the light of the litigation and considers whether they are likely to be effective.